Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issue of title in a simplicitor suit for injunction - Plea of title set up by defendant in his written statement - No challenge laid to the plea of title - Order framing additional issues relating to title, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - When Presiding Officer is satisfied that open Court will not be conducive to either accused or victim or even for any other reason, he can order in-camera proceedings...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - Prejudice to junior lawyers of profession and law interns is in fact an abstruse reason to challenge order directing holding of trial in-camera...........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Criminal Procedure Code, 1973, Section 167(5) -- Investigation if not concluded within six months from the date on which accused was arrested in a case triable by Magistrate as a summons case - There cannot be an automatic order without anything else to stop investigation on expiry of six months from date of arrest of accused...........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Dismissal of suit for non supply of correct address - There is no provision for dismissal of suit for non supply of correct address - Impugned order set aside - Suit restored...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application summarily on the sole ground that it is filed after commencement of trial without even filing of reply by defendant - Impugned order set aside - Matter remanded for decision afresh on merits...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Summoning of opposite party as its own witness - Entire case of plaintiff is based on agreement to sell - Opposite party not named in the list of witnesses - Opposite party not a signatory of the said agreement - Presence of opposite party not relevant especially in view of admitted fact that opposite party is not a signatory..........
